Coachella valley HOA Living Brochure by CAI-Coachella Valley Chapter

HOA

LIVING

LEARN MORE ABOUT LIVING IN A HOMEOWNERS ASSOCIATION (HOA) OR OTHER COMMON INTEREST DEVELOPMENT What are my responsibilities as a homeowner or renter in an HOA? How do I get a copy of the rules? Who governs what? Who do I call when I need help?

LIVING IN AN HOA OR COMMON INTEREST DEVELOPMENT If you live in a homeowners association (HOA), you are in good company. HOAs are the fastest growing form of housing today. More than 70 million Americans reside in over 344,500 homeowners associations and that number is expected to continue to grow exponentially. According to Public Opinion Strategies, more than 90 percent of residents who live in HOAs rate their overall experience as positive. However, living in an HOA requires a certain level of understanding by residents. This brochure will provide you with basic information about HOAs, including their purpose, what they govern and how they function. On the back cover, there is space for you to fill in your communityâ&#x20AC;&#x2122;s important contacts. We have also provided contact numbers for key Coachella Valley services.

ABOUT COMMUNITY ASSOCIATIONS In California, planned developments, condominium projects, cooperatives and other planned communities are all called common interest developments or CIDs. You know them as HOAs because most CIDs are managed by a homeowners association. CIDs are formed any time homeowners share real property or assets in common like roads, pools, parks, tennis courts, golf courses and country clubs. Twenty-five percent of the U.S. population already live in CIDs and that number is expected to double in the next ten years. In California, there are currently 50,000 associations with property values exceeding $700 billion. The percent of Coachella Valley residents who reside in a CID far exceeds the national average. Palm Desert alone estimates 80 percent of their residents live in a CID.

PRIMARY PURPOSE OF CIDS CIDs share a few essential goals: • Preserving the nature and character of the community • Providing services and amenities to residents • Protecting property values • Meeting the established expectations of owners. There are many benefits to living in a CID. CIDs offer a range of amenities and services to their residents. Some services were once the exclusive province of local municipalities. This transfer or privatization of services has become commonplace and many municipalities now encourage developers to form CIDs for this purpose. Builders put the association in place while the community is being built. During the early stages of construction and sales, builders manage these services and the CID, but eventually the obligation falls to the homeowners. There are other benefits to community associations other than providing services. CIDs also extend some degree of protection against neighborhood degradation and deterioration—cars on cinder blocks, dilapidated homes or yards that are not maintained. This requires creating reasonable community standards and enforcing equitable and consistent rules.

COMMON CHARACTERISTICS OF ASSOCIATIONS Regardless of the type of association you live in, there are three characteristics of all common interest developments: • Homeowners share ownership of common land and amenities such as swimming pools. • Homeowners automatically become a member of a community association with all other homeowners and, as such, must abide by association rules. • Homeowners pay an assessment (often monthly) that is used to maintain the common areas or provide services such as professional management.

COMMUNITY ASSOCIATION GOVERNANCE

GOVERNING DOCUMENTS

ENFORCEMENT

The legal documents that establish a community association, govern its operation, and provide rules for using the association property are called the governing documents. The following governing documents are in order of their authority:

The association has the legal power of enforcement and should use it consistently and effectively. Rules for pets, swimming pools, parking, noise, and home-based businesses are examples of areas that are usually covered in the CC&Rs and Rules & Regulations. When rules are broken, usually a friendly word or simple written reminder from the manager or an association officer will correct a problem. But, when stronger measures are needed, boards can suspend privileges or impose fines. Without proper enforcement, these documents accomplish little. CIDs also have legal authority related to collecting assessments. Associations, in fact, have an obligation to all members to collect assessments to pay for the maintenance and replacement of common area components.

Covenants, Conditions, and Restrictions (CC&Rs) The Covenants, Conditions, and Restrictions detail each owner’s property rights, the restrictions on use of the property, and the owner’s rights and responsibilities in the association. Articles of Incorporation Articles of Incorporation establish the association as a corporation and describe its purpose, structure, and powers. Bylaws Bylaws establish rules for the operation of the association such as meeting requirements, election procedures, and duties of the officers, board, and committees.

CIDS ARE GOVERNED BY NEIGHBORS The typical CID is governed by a board of homeowner volunteers who are elected by their fellow owners to set policy. Smaller associations with limited budgets also may rely on resident volunteers for various management responsibilities. Homeowner involvement is essential, whether a community is self-managed or professionally managed. There are many opportunities to get involved, from leading a speciﬁc project to chairing a committee to running for a seat on the board. There is usually a correlation between the level of homeowner involvement and the long-term success of a community.

Rules & Regulations For a group of people to share property peacefully and profitably, they must agree to a common set of rules. Establishing and enforcing these rules preserve both the value of the property and the quality of life in the community. They’re designed to make sharing property convenient and fair for all. © Community Associations Institute (CAI). All Rights Reserved. Content sources listed on the back.

The Board of Directors Association members (the owners) elect a board that sets policy and directs the affairs of the community. The elected board members appoint or elect officers (usually a president, treasurer, and secretary) among themselves. Board members are entrusted with fiduciary responsibility for the association. California state statutes empower duly elected board members with the necessary authority to carry out their duties. Board and committee members normally serve the community on a voluntary basis. Boards rely on help and advice from skilled professionals like community association managers, attorneys with expertise in community association law, and certified public accountants who understand the unique financial and legal needs of community associations.

Elections Most associations conduct board elections annually. Terms are usually staggered so that only a few members change from year to year. All members of the association should learn about the candidates and vote in each election. Committees Most CC&Rs require the establishment of at least one committee, the design review or architectural committee. This committee generally specifies parameters for paint colors, fences, decks, window treatments, and other exterior features. This isn’t intended to stifle individual creativity, but rather it ensures the integrity of the original community design. It also protects you from situations such as a neighbor erecting an unattractive shed using a garish paint color. The architectural committee typically develops and distributes architectural guidelines, reviews and approves submitted plans, and maintains aesthetic standards. It’s important for all owners to be familiar with the association’s architectural standards and work with the committee when making any exterior changes to their homes. Residents will also want to make sure they adhere to city and county t regulations and requirements. Your association may have additional committees including a nominating committee to oversee elections, or a social or welcome committee to build community spirit. The board may also appoint committees of members to help with finance, communications, maintenance and recreation.

Board Meetings The business of the association takes place at board meetings. This is where important issues are discussed, and decisions are made. You should attend board meetings to get a sense of how the association is functioning and ask for more information after the meeting if you have questions. Associations are required to set aside time at board meetings when residents can ask questions. Sometimes called a homeowners’ open forum, this time allows residents to bring an issue to the attention of the board.

COMMUNITY ASSOCIATION MANAGEMENT Efficient community management helps maintain property values and enhance the quality of life in the community. Management carries out the policies set by the board and works at the board’s direction. There are several different forms of community association management. Which is best for your association depends on the size, facilities, services, budget, and volunteer support of the community. Professional Management Professional community association management generally offers the most expertise and the least worry for the board and owners. Associations can ensure they’re getting the most highly qualified management by hiring professionals who have been certified in the industry. Look for the following credentials: • Certified Manager of Community Associations (CMCA) • Certified Community Association Manager (CCAM) • Certified Common Interest Development Manager (CCIDM) • Association Management Specialist (AMS) • Professional Community Association Manager (PCAM) • Large Scale Manager (LSM) Regardless of who professionally manages the association, the board is ultimately responsible for overseeing all operations and governance. Self-Management Small associations may be either partially or completely self-managed. Although this approach is economical, the skills, enthusiasm, and commitment of the volunteers are important factors in weighing whether this method is right for your community. A variation on this approach is to supplement volunteer management with part-time professional management. Regardless of the management option that’s right for a community, all associations should rely on industry experts for legal advice, auditing, and maintenance services. © Community Associations Institute (CAI). All Rights Reserved. Content sources listed on the back.

THE ASSOCIATION AS A BUSINESS, GOVERNMENT, AND COMMUNITY

raise assessments for those who do pay their fair share. A downward trend can develop, causing residents to become unhappy with the state of the property or inequitable assessments, which may lead them to put their homes up for sale. In California, boards are required to give each owner a copy of the budget. Study it carefully and ask questions. Satisfy yourself that the budget is sound.

A community association is a unique organization that encompasses aspects of business and government, while also existing as a community. It’s important that associations operate as smoothly and efficiently as possible in each of these areas. How is a community association like a business? Community associations are big business. Owner assessments in many associations amount to millions of dollars in assets that must be soundly invested, carefully budgeted, and responsibly spent. Many associations are employers with on-site staffs. Some are in the business of providing recreational facilities and services. Most associations are legally established as corporations, and all are in the business of providing common services to members.

Assessments in Large-Scale Associations Most large-scale associations have a two-layer association system. The umbrella, or master, association provides community-wide services such as streets and recreation centers. You may be assessed by the master association for these services. Within the larger community there are smaller sub-associations, each with its own board and manager, that provide additional services and amenities. You will also pay assessments to this association for services that directly benefit you such as lawn care and building maintenance.

How is a community association like a government? Community associations have certain legal authority to enforce rules and regulations and collect assessments. In this way they operate to a very limited degree like government entities. Community associations have the authority to collect assessments and to take legal action, if necessary, when members don’t meet their obligations. In fact, associations have an obligation to all members to collect assessments to pay for the upkeep that ensures property value.

Reserves Reserve funds are monies put away each year for large, future expenditures such as replacing roads or roofs. The amount to be contributed each year is determined after careful study and analysis by experts called Reserve Specialists. An association’s financial stability depends on well-funded reserves. They greatly reduce the likelihood of a special assessment and may provide interest income that can offset operating expenses.

What makes an association a community? Everything associations do to bring people together and promote communications among residents builds a sense of community and makes the association a desirable place to live. These activities might include sponsoring social events, facilitating learning and organizing recreation and cultural events. Promoting quality of life is an intangible goal that all community associations should be pursuing.

Insurance People who live in community associations need slightly different insurance than those who don’t or those who rent. The community association will have a master policy that protects against losses of common property like recreation facilities, walkways, and parking lots. It will also have liability insurance to protect those who use the facilities and the officers of the association.

FINANCES

Although the association is responsible for insuring common property, it still affects you. For example, if the master policy is inadequate to restore the clubhouse after a fire, the members collectively will have to pay the difference. Association master policies typically do not cover unit interiors or personal possessions, so you need to have a homeowner policy that protects you against personal loss and liability. Check with an agent who specializes in community association insurance to ensure that your personal policy and the association’s master policy don’t overlap or leave gaps in coverage.

Assessments Those who live in community associations share common property, amenities, services, and sometimes utilities. They also share the costs of these features and pay for them through assessments. The community association board sets the assessment level each year according to actual needs identified during the budgeting process. Budgets must cover all areas of operation and the annual contribution to reserve funds. Like your personal expenses, association expenses and your assessments are likely to increase over time. However, most associations try to avoid unjustified increases because these lead to collection problems. Failure on the part of the association to collect assessments consistently is a serious financial mistake. Unpaid assessments may force the association to cut back on services or

Community leaders (directors and committee leadership) have the responsibility to: • Fulfill their fiduciary duties to the community and exercise discretion in a manner they reasonably believe to be in the best interests of the community.

LEASING The governing documents, typically the CC&Rs, will determine whether homeowners can lease or rent their property and may impose conditions. If you’re considering leasing your unit, inform the association and ask about leasing procedures. Owners and tenants must follow the same rules. The lease should require tenants to abide by all CC&Rs and Rules & Regulations, and copies should be provided. Conversely, tenants also have the same privileges as owners–except for voting. As soon as you lease your unit, notify the association and provide the manager with a copy of the lease. This gives the association an opportunity to present the new tenant with a welcome package and an invitation to take part in community activities. Most importantly, provide the manager with your new address and phone number. As an absentee owner, you’ll want the association to be able to reach you.

• Exercise sound business judgment and follow established management practices. • Balance the needs and obligations of the community with those of individual homeowners and residents. • Understand the association’s governing documents, become educated with respect to applicable state and local laws and manage the community association accordingly. • Establish committees or use other methods to obtain input from owners and non-owner residents. • Conduct open, fair and well-publicized elections.

ASSOCIATIONS’ RIGHTS AND RESPONSIBILITIES

• Welcome and educate new members of the community—owners and non-owner residents alike.

Perhaps the greatest achievement for any association is creating and sustaining a sense of community among residents and leaders. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and embrace their rights and responsibilities. It was with this goal in mind that CAI developed Rights and Responsibilities for Better Communities. These principles can serve as an important guidepost for board and committee members, community association managers, homeowners and nonowner residents.

• Encourage input from residents on issues affecting them personally and the community as a whole. • Encourage events that foster neighborliness and a sense of community. • Conduct business in a transparent manner when feasible and appropriate. • Allow homeowners access to appropriate community records when requested.

Community leaders (directors and committee leadership) have the right to: • Expect owners and non-owner residents to meet their financial obligations to the community.

• Collect all monies due from owners and non-owner residents. • Devise appropriate and reasonable arrangements, when needed and as feasible, to facilitate the ability of individual homeowners to meet their financial obligations to the community.

• Expect residents to know and comply with the rules and regulations of the community and to stay informed by reading materials provided by the association.

• Provide a process that residents can use to appeal decisions affecting their nonroutine financial responsibilities or property rights—where permitted by law and the association’s governing documents.

• Expect respectful and honest treatment from residents. • Conduct meetings in a positive and constructive atmosphere. • Receive support and constructive input from owners and non-owner residents.

• Initiate foreclosure proceedings only as a measure of last resort.

• Personal privacy at home and during leisure time in the community.

• Make covenants, conditions and restrictions as understandable as possible, adding clarifying “lay” language or supplementary materials when drafting or revising the documents.

• Take advantage of educational opportunities (e.g., publications, training workshops) that are directly related to their responsibilities and as approved by the association.

• Provide complete and timely disclosure of personal and financial conflicts of interest related to the actions of community leaders, e.g., officers, the board and committees. (Community associations may want to develop a code of ethics.)

HOMEOWNERS’ RIGHTS AND RESPONSIBILITIES Homeowners have the right to: • A responsive and competent community association. • Honest, fair and respectful treatment by community leaders and managers. • Participate in governing the community association by attending meetings, serving on committees and standing for election. • Access appropriate association books and records. • Prudent expenditure of fees and other assessments. • Live in a community where the property is maintained according to established standards. • Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated. • Receive all documents that address rules and regulations governing the community association prior to purchase. • Appeal to appropriate community leaders those decisions affecting non-routine financial responsibilities or property rights. Homeowners have the responsibility to: • Read and comply with the governing documents of the community. • Maintain their property according to established standards. • Treat association leaders honestly and with respect. • Vote in community elections and on other issues. • Pay association assessments and charges on time. • Contact association leaders or managers, if necessary, to discuss financial obligations and alternative payment arrangements. • Request reconsideration of material decisions that personally affect them. • Provide current contact information to association leaders or managers to help ensure they receive information from the community. • Ensure that those who reside on their property (e.g., tenants, relatives and friends) adhere to all rules and regulations.

GETTING INVOLVED

The value of your home investment and the quality of life in your community depend in large part on your community association, and the success of the association depends on you. The key to a successful community association is the support and enthusiasm of the members. Without the involvement of members like you, the association can’t operate successfully. Some options for getting involved are: serve on the board, volunteer for a committee, vote, pay assessments on time, follow the rules, attend board meetings, read the association newsletters and attend social functions.

ABOUT THE COACHELLA VALLEY

The Coachella Valley includes nine cities that are thriving, year-round communities, with the natural beauty and recreational amenities of a resort destination. The Coachella Valley offers big-city resources in a friendly, small-town setting. The Valley’s first-class educational facilities, healthy real estate market, varied job opportunities, safe and clean streets, plentiful parks, and wealth of shopping choices make it unique among Southern California destinations.

ABOUT CAI

CAI is an international membership organization dedicated to building better communities. With nearly 45,000 members, CAI has 64 chapters worldwide, including Canada, the Middle East and South Africa, and relationships with housing leaders in other countries, including Australia and the United Kingdom. CAI provides information, education and resources to the homeowner volunteers who govern communities and the professionals who support them. CAI members include association board members and other homeowner leaders, community association managers, association management firms and other professionals who provide products and services to associations. Learn more at www.caionline.org. The local Coachella Valley Chapter of CAI has more than 1,000 members and affiliates and represents many of the Valley’s CIDs. Visit www.cai-cv. org for information about the local chapter or call the CAI-CV office at (760) 341-0559.

WHERE TO GO WITH PROBLEMS & QUESTIONS

Most questions and complaints related to the administration of the community can be addressed by the community association manager. When you have questions about rules, architectural guidelines, landscape, maintenance, and assessments, using amenities, gate issues, parking, pets and noise issues, call the community association manager. Many communities have websites that offer information and may answer some of your questions or concerns. If your community is self-managed, ask a director to provide the names and contact information for the people to call when issues arise.

City Fire and Emergency Care

Palm Springs 911

Desert Hot Springs 911

Cathedral City 911

Rancho Mirage 911

Police Non-Emergency

760-327-1441

760-329-2904

760-770-0300

760-836-1600

760-323-8299 760-778-8434 760-322-8383 760-323-8272 www.palmspringsca.gov Palm Springs Spectrum 855-811-4076 Frontier Communications 866-945-4714 Palm Springs Disposal 800-973-3873 Southern CA Edison 800-990-7788

760-329-6411 760-329-6411 ext. 269 760-862-6900 760-329-6411 www.cityofdhs.org Desert Hot Springs Spectrum 760-288-7840

760-770-0340 760-770-0309 760-553-1031 760-770-0340 www.cathedralcity.gov Cathedral City Spectrum 760-764-5313 Frontier Communications 800-921-8101 Burrtec Waste Industries 760-340-2113 Southern CA Edison 800-655-4555

Desert Water Agency 760-323-4971

Mission Springs Water District 760-329-6448

760-324-4511 760-770-3220 760-833-7999 760-324-4511 www.ranchomirageca.gov Rancho Mirage Spectrum 760-316-1703 Frontier Communications 844-903-2037 Burrtec Waste Industries 760-340-2113 Rancho Mirage Energy Authority 800-990-7788 Imperial Irrigation District 760-482-9600 Coachella Valley Water District 760-398-2651

SoCalGas 800-427-2200 Palm Springs PS Animal Control 760-327-1441

SoCalGas 877-238-0092 Desert Hot Springs DHS Animal Care & Control 760-329-6411

City Hall Code Compliance Short Term Rental Hotline Parks & Recreation Website Utilities Cable TV/Internet/ Telephone

Waste Disposal Electric

Water

Gas Animal Services Aggressive Animals

Desert Valley Disposal 760-329-5030 Southern CA Edison 800-655-4555

Desert Water Agency 760-323-4971 Coachella Valley Water District 760-398-2651 SoCalGas 800-427-2200 Cathedral City Riverside CO Animal Services 760-343-3644

SoCalGas 800-427-2200 Rancho Mirage Riverside CO Animal Services 760-343-3644Â

Other Utilities That May Be Available Cable TV/Internet/Telephone Direct TV Windstream Water Myoma Dunes Water District (Bermuda Dunes) Telephone AT&T Residential T-Mobile Other Important Numbers Police Riverside County Sheriff's Department County Residential Riverside County Assessor Riverside County Clerk/Recorder Riverside County 4th District Office (Coachella Valley) Riverside County 4th District Code Enforcement Riverside County 4th District Building Department Riverside County Flood Control Riverside County Housing Authority Riverside County Planning Department Riverside County Public Works Riverside County Waste Management County Services Poison Control Better Business Bureau Riverside County Transportation Department SunLine Transit Agency (Bus Transportation) Riverside County Child Protective Services Riverside County Family Resource Center Riverside County Adult Protective Services Riverside County Public Social Services Animal Samaritans ÂŠ Community Associations Institute (CAI). All Rights Reserved. Content sources listed on the back.

877-615-2770 855-837-8791 760-772-1967 800-222-0300 800-866-2453

800-950-2444 800-746-1544 800-696-9144 760-863-8211 760-343-4150 760-863-8271 951-955-1200 800-655-1541 760-863-8277 760-863-8271 951-486-3200 800-222-1222 800-675-8118 951-955-6880 760-343-3456 760-773-6700 760-288-3313 760-770-2450 760-770-2300 760-343-3477

Palm Desert Indian Wells La Quinta 911 911 911 760-836-1600 760-836-3215 ext. 5 760-836-3215 ext. 5 to report crimes 760-836-3215 760-346-0611 760-346-2489 760-777-7000 760-776-6360 760-346-0407 760-777-7050 760-862-6900 760-834-7788 760-777-7157 760-776-6481 760-776-0235 760-564-0096 www.cityofpalmdesert.org www.cityofindianwells.org www.laquintaca.gov Palm Desert Indian Wells La Quinta Spectrum Spectrum Spectrum 888-892-2253 760-340-2225 760-340-2225 Frontier Communications Frontier Communications 877-775-6373 855-552-9691 Burrtec Waste Industries Burrtec Waste Industries Burrtec Waste Industries 760-340-2113 760-340-2113 760-340-2113 Southern CA Edison Southern CA Edison Imperial Irrigation District 800-655-4555 800-655-4555 760-335-3640 Imperial Irrigation District Imperial Irrigation District 760-398-5811 760-398-5811 Coachella Valley Water District Coachella Valley Water District Coachella Valley Water District 760-398-2651 760-398-2651 760-398-2651 SoCalGas 800-427-2200 Palm Desert Riverside CO Animal Services 760-343-3644

SoCalGas 800-427-2200 Indian Wells Riverside CO Animal Services 760-343-3644

SoCalGas 800-427-2200 La Quinta Riverside CO Animal Services 760-343-3644

Indio 911

Coachella 911

760-391-4051

760-398-8895

760-391-4000 760-391-4110 760-541-4222 Â 760-625-1826 www.indio.org Indio Spectrum 760-340-2225 Frontier Communications 877-440-1635 Burrtec Waste Industries 760-340-2113 Imperial Irrigation District 760-335-3640

760-398-3502 760-398-4978

Indio Water Authority 760-391-4038 SoCalGas 800-427-2200 Indio Riverside CO Animal Services 760-343-3644

760-501-8100 www.coachella.org Coachella Spectrum 760-340-2225 Frontier Communications 855-525-9100 Burrtec Waste Industries 760-340-2113 Imperial Irrigation District 800-303-7756 Southern CA Edison 800-655-4555 Coachella Water Authority 760-398-2702 Coachella Valley Water District 760-398-2651 SoCalGas 800-427-2200 Coachella Riverside CO Animal Services 760-343-3644

MY ASSOCIATION CONTACT INFORMATION (fill in information for your community) Our community association manager is:

Management company name:

______________________________________________________

Phone:________________________________________________

Gatehouse:____________________________________________

Email:________________________________________________

Clubhouse:____________________________________________

Manager emergency number: ___________________________

Club GM: _____________________________________________

Patrol Service:_________________________________________

Phone:________________________________________________

Community website:___________________________________

Board meeting dates:___________________________________ Posting sites:__________________________________________

SOURCES: Good to Great Brochure, Community Associations Institute Rights and Responsibilities for Better Communities, Community Associations Institute Model Code of Ethics for Community Association Board Members, Community Associations Institute Community Association Fundamentals, Community Associations Institute Community Association Governance Guidelines, Community Associations Institute Introduction to Community Association Living, Community Associations Institute Statistical Review: Community Association Data, Foundation for Community Association Research Source content reprinted with permission of Community Associations Institute and the Foundation for Community Association Research. Learn more by visiting http://www.caionline.org, writing to mailto:cai-info@caionline.org or calling (888) 224-4321.

FOR BETTER HOA LIVING â&#x20AC;&#x201C; JOIN CAI CAI-CV has been providing education, best practices, and access to local and national resources to help Coachella Valley HOAs become the preferred place to call home for 40 years. Before you buy in an HOA, ask if they are a member of CAI. HOAs may join CAI for $250 per year, giving them access to best practices from thousands of HOAs, resources, and ongoing education for up to 15 board and committee members. Call 888-224-4321 to join or call the local office at 760-880-5717 for more information.

75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 (760) 341-0559 | admin@cai-cv.org | cai-cv.org COMPLIMENTS OF:

Our thanks to the City of Palm Desert and Palm Valley Homeowners Association for providing photos.